Republic of the Philippines

HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3314

_______________________________________________________________________
_
Introduced by Reps. TEDDY A. CASIÑO, NERI JAVIER
COLMENARES, RAFAEL V. MARIANO, LUZVIMINDA C. ILAGAN,
ANTONIO L. TINIO, EMERENCIANA A. DE JESUS and RAYMOND V.
PALATINO
_______________________________________________________________________
_

EXPLANATORY NOTE

Article II, Section 26 of the Constitution expressly provides: “The State

shall guarantee equal access to public service and prohibit political
dynasty as may be defined by law.”

Social reform is the evident agenda behind this provision and the
objective is clear. The extended family system, an otherwise beneficial
concept when applied to the social aspects of human behavior, has
found its pernicious effects in the political arena where public office
has become the exclusive domain of influential families and clans.
Such families have become so well-entrenched in Philippine politics
they have monopolized political power and public resources at all
levels of government.

Once a politician is elected to public office, he or she immediately

builds a strong political base to ensure not only his or her re-election
but also that such electoral support will extend to one’s spouse or
descendants or next of kin. These elected officials secure and
consolidate their economic interest by perpetuating their families or
clans in public office – indeed, making a dynasty out of public service.
This situation is characteristic of the patronage system of politics that
hinders the development of the country.

The socio-economic and political inequities prevalent in Philippine

society limit public office to members of ruling families. In many
instances, voters, for convenience and out of cultural mindset, look up
to these economically and politically dominant families as dispensers
of favors, material and otherwise, and tend to elect relatives of these
politically dominant families.

As a means to give force and effect to the social justice provisions of

the Constitution which provides for the diffusion of economic and
political influence, it is necessary that the political arena be leveled by
opening public office to persons who are equally qualified to aspire on
even terms with those from politically dominant families.

In light of the foregoing, this bill is hereby proposed to give real teeth
to the Constitutional mandate and strengthen the call for new politics
to lay the basis of greater empowerment for the greater number of
Filipinos.

Approved,

TEDDY A. CASIÑO
Bayan Muna Party-list

NERI JAVIER COLMENARES RAFAEL V.

MARIANO
Bayan Muna Party-list
Anakpawis Party-list

LUZVIMINDA C. ILAGAN ANTONIO L.

TINIO
Gabriela Women’s Party ACT
Teachers Party-list

EMERENCIANA A. DE JESUS RAYMOND V.

PALATINO
Gabriela Women’s Party
Kabataan Party-list
 Republic of the Philippines
HOUSE OF REPRESENTATIVES
Quezon City

FIFTEENTH CONGRESS
First Regular Session

HOUSE BILL No. 3314

_______________________________________________________________________
_
Introduced by Reps. TEDDY A. CASIÑO, NERI JAVIER
COLMENARES, RAFAEL V. MARIANO, LUZVIMINDA C. ILAGAN,
ANTONIO L. TINIO, EMERENCIANA A. DE JESUS and RAYMOND V.
PALATINO
_______________________________________________________________________

AN ACT
PROHIBITING THE ESTABLISHMENT OF POLITICAL DYNASTIES

Be it enacted by the Senate and House of Representatives of the

Republic of the Philippines in Congress assembled:

SECTION 1. Title. – This Act shall be known as “The Anti-Political

Dynasty Act of 2010.”

SECTION 2. Declaration of Policy. – It is hereby declared the policy

of the State to guarantee equal access and opportunity to public office
and service to the public. Towards this end, it is likewise declared the
policy of the State to prohibit political dynasties as hereinafter defined.

SECTION 3. Definition of Terms. – The following terms, as used

herein, shall mean:

1. Political Dynasty – The concentration, consolidation or

perpetuation of public office and political power by persons
related to one another.

2. Political Dynasty Relationship – Exists when a person who

is the spouse of an incumbent elective official or a relative
within the second civil degree of consanguinity or affinity of
an incumbent elective official holds or runs for an elective
office simultaneously with the incumbent elective official
within the same city and/or province or occupies the same
 office immediately after the term of office of the incumbent
elective official.

A political dynasty shall also be deemed to exist where two

(2) or more persons who are spouses or are related within the
second civil of consanguinity or affinity run simultaneously for
elective public office within the same city and/or province,
even if neither is so related to an incumbent elective official.

3. Spouse – Shall refer to the legal or common law wife or

husband of the incumbent elective official.

4. Second Civil Degree of Consanguinity or Affinity – Shall

include the relatives of a person who may be the latter’s
brother or sister, direct ascendant or direct descendant,
whether legitimate or illegitimate, full or half blood, including
their spouses.

5. Term Limits – Shall mean the maximum term limits for

elected public officials as provided for in the Constitution.

6. Running for an Elective Office – Shall be deemed to

commence upon the filing of the certificate of candidacy by a
candidate with the Commission on Elections (COMELEC).

7. Holding an Elective Office – Shall be deemed to commence

from the moment the public official takes his or her oath of
office.

SECTION 4. Applicability. – This Act shall govern and be applicable

to the next elections and to all subsequent elections thereafter. In the
case of incumbent elected officials who have political dynasty
relationships with one another in the same city and/or province, they
shall be allowed to run in all subsequent elections until they reach their
term limit as provided by law.

SECTION 5. Persons Covered; Prohibited Candidates. – No

spouse, or person related within the second degree of consanguinity or
affinity, whether legitimate or illegitimate, full or half blood, to an
incumbent elective official seeking re-election shall be allowed to hold
or run for any elective office in the same province in the same election.

In case the constituency of the incumbent elective official is

national in character, the above relatives shall be disqualified from
running only within the same province where the former is a registered
voter.
 In case where none of the candidates is related to an incumbent
elective official within the second degree of consanguinity or affinity,
but are related to one another within the said prohibited degree, they,
including their spouses, shall be disqualified from holding or running
for any local elective office within the same province in the same
election.

In all cases, no person within the prohibited civil degree of

relationship to the incumbent shall immediately succeed to the
position of the latter: Provided however, that this Section shall not
apply to Punong Barangays or members of the Sangguniang Barangay.

SECTION 6. Statement with the Commission on Elections. – Any

person running for any elective public office except for that of
Barangay official, shall file a sworn statement with the COMELEC that
he or she does not have a political dynasty relationship with an
incumbent elective official running for an elective public office in the
same city and/or province other than that of the position earlier
mentioned.

SECTION 7. Effect of Violation of Prohibition. – The COMELEC

shall, motu propio or upon verified petition of any interested party,
deny due course to any certificate of candidacy filed in violation of this
Act and the votes cast for the disqualified candidate, if any, shall not
be counted and deemed not counted nor shall such candidate be
proclaimed nor be qualified to assume office.

SECTION 8. Period for Filing Petition for Disqualification. – Any

citizen of voting age, candidate or duly registered political party,
organization, or coalition of political parties may file with the COMELEC,
after the last day for filing of certificates of candidacy and before
proclamation, a petition to disqualify a candidate on grounds provided
for under Section 5 hereof.

In the event a candidate disqualified under this Act shall have been
proclaimed and has assumed office, his or her political dynasty
relationship shall be a ground for disqualification in appropriate quo
warranto or other proceedings.

SECTION 9. Summary Proceedings. – The petition shall be heard

and decided summarily by the COMELEC, after due notice and hearing,
and its decision shall be executory after the lapse of five (5) days from
receipt thereof by the losing party.
SECTION 10. Effect of Petition if Unresolved Before Completion
of Canvass. – If the petition, for reasons beyond the control of the
COMELEC, cannot be decided before the completion of the canvass,
the votes cast for the respondent shall be included ion the counting
and canvassing: Provided however, that if the basis for such
disqualification is strong, his or her proclamation shall be suspended
notwithstanding the fact that he or she received the winning number of
votes in the election: Provided further, that in cases where disqualified
candidate has been proclaimed he or she shall ipso facto forfeit his or
her right to the office.

SECTION 11. Rules and Regulations. – The COMELEC shall

promulgate the rules and regulation for the implementation of the
provisions of this Act.

SECTION 12. Repealing Clause. – All laws inconsistent with the

provisions of this Act are hereby repealed or modified accordingly.

SECTION 13. Separability Clause. – If any of the sections or

provisions of this Act is held invalid, all the other provisions not
affected thereby shall remain valid.

SECTION 14. Effectivity Clause. – This Act shall take effect fifteen
(15) days from the date of its publication in at least two (2)
newspapers of general circulation in the Philippines.

Approved,